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Sitiuational questions about military justice
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Sexual assault is a serious crime in the United States, and as a civilian you are tried in a normal civilian court, while an on duty military personnel would face a different court system and a different punishment. Many civilians and military personnel believe sexual assault cases should be decided by the same court justice to provide fair punishment among the accused. Sexual assault has become a major issue in the united states, it has risen by 6% in the past year. Many of the sexual assault charges are reported but more than 68% are not. ”An Anonymous survey of military personnel indicated that as many as 26,000 men and women were victims that year” (Military Sexual Assault: The Basics) . While a normal civilian that is charged with sexual …show more content…
In New York there is Jackson, Varney, Wilson 2 a minimum of 2 years and a maximum of 7 years in prison. For military cases only one in twenty people are found guilty of sexual assault. Last year “ 6,131 service members reported a sexual assault” out of all the reports “only about 317 service members were courtmartialed and sentenced to confinement”( Andrew Tilghman ). All though many cases of sexual assault are overlooked in the military some of those convicted face a certain case of punishment.They are given a chance to stand in front of a counsel to show evidence but even then they can serve up to life in military prison or have a dishonorable discharge and be listed as a convicted sex offender. The punishment for military is severe, but over half of the cases are overlooked making the decisions unfair. For years now when a soldier reports a rape the commanding officer uses the “good soldier” defense. This defense used in military court systems has given the defendant the ability to “cite their military character to demonstrate the likelihood of innocence and provides victims with special counsel”(Patricia Kime). This one defense has been used to throw out cases
Another possible recommendation is discharge from the military from a General with honorable conditions (which is the lowest) to a Dishonorable discharge (which is the highest, and worst you can get). Getting a dishonorable discharge means you can’t get a job (if you do get a job it won’t be a good one), no benefits, or etc. Getting a general or other than honorable (OTH) you may lose health benefits, educational benefits, and etc.
Military records show over 20 percent of female veterans have been sexually assaulted (Ziering and Dick The Invisible War). As well as being assaulted, these women are then told no further action will be taken. 33 percent of military women do not report their sexual assault because the person to report to was a friend of the rapist (Ziering and Dick The Invisible War). Those who do come forward are punished for making such allegations. As the film continues, it begins to show overwhelming evidence of lack of punishment for the offenders....
Military rape victims are re-victimized by the military. Often military members are ostracized, punished by the chain-of-command of command, and eventually forced out of the military because they reporting being raped. My former shipmate Petty Officer Second Class (PO2) Rebecca Blumer chose to report her rape and suffered the consequences.
False Reporting: Although The Hunting Ground previewed the percentage of false reporting to be very low; (roughly 2-8%) it is still a problem and does occur and does affect the sexual assault ratio. One of the presidents of a University said, that they take false reporting seriously and that for them it one major contributor to why they don’t follow through on sexual assault cases as soon as their reported because they spend more time making sure its not a false report.
90 percent of the victims of sexual assault are women and 10 percent are men, and nearly 99 percent of offenders in single-victim assaults are men (Bureau of Justice Statistics 2010). According to https://www.justice.gov/ovw/sexual-assault, Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. () Sexual Assault can happen to anyone, not just women it can happen to men and kids as well. Sexual Assault these days are a big trouble and it is not being addressed in good order, and it is
Source (Please attach copy of article): Burns, B., Grindlay, K., Holt, K., Manski, R., & Grossman, D. (2014). Military sexual trauma among US servicewomen during deployment: A qualitative study. American Journal of Public Health, 104(2), 345-349. Retrieved from http://search.proquest.com/docview/1499845673?accountid=12387
Military Sexual Trauma, also known as MST. What is it and why is it important? MST refers to psychological trauma resulting from a sexual assault or repeated, threatening harassment experienced during military service (pg. 3). Now, let us take a moment and think about the relevance of this subject? When we think of our women in combat, what do we see? We see strong and courteous females. But have we ever thought about what could be lurking underneath all that armor?
Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and In the United States 80% of sexual assault victims are under the age of 30. Of that 80%, 44% are under the age of 18 (RAINN, 2016). That leaves 36% of victims between the ages of 18 and 30. These percentages become even more alarming when that 80% is of about 293,000 victims of secual assualt each year (RAINN, 2016). It is estimated that 1 in every 6 women in the US has been or will be victims of sexual assault in their lifetime. The risks of sexual assault increase on college campuses. Women ages 18-24 who are enrolled in college are 3 times more likely than women in general to suffer from sexual violence (RAINN, 2016). One would think that with all these women being sexually assaulted, one would hear more about it, or perhaps the police stations would constantly be busy. This is not the case. Sexual assault is one of the most unreported crimes, with 68% still being left unreported (RAINN, 2016). This could be because of every 100 rapists, only 2 will spend a day in jail. Of the 32 out of 100 that would be reported, only 7 are referred to an arrest (RAINN, 2016). Why would men or women want to report sexual assault when the system that is supposed to protect them fails so often, and why does this system continue to fail?
In Kirby Dick’s influential documentary “The Invisible War,” filmmaker Kirby Dick uses pathos, ethos and logos to gain information and supplementary details to make his point that there is an epidemic of rape in throughout the DOD (Department of Defense) and the fact that military sexual trauma (MST) in the United States military goes unheard, mostly unpunished and needs to be addressed at a higher level.
An estimated one in five females has experienced sexual assault on a college campus (Dvorak).
Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” (“Sexual Assault”, 2nd heading). An average of 237,868 Americans (ages 12+) are sexually assaulted per year. This translates to an american being sexually assaulted every two minutes. This does not even include all of the children who are victims of sexual assault. The government has tried to combat these appallingly high statistics with various pieces of legislature, including Title IX.
There is a difference in campus sexual assaults from sexual assaults that are committed outside of the college campus. One of the main differences for victims who are involved in an on campus sexual assault is that they have access to two adjudicatory systems: the academic institution and criminal justice system. However, victims of outside sexual assaults can only seek compensation through the legal system such as a criminal complaint and/or civil action. (DeMatteo, August 2015) One may argue that when having access to both adjudicatory systems deliberates a great benefit to the victims who were involved in an on campus sexual assault. In a criminal trial for sexual assault, the prosecution must prove every element beyond a reasonable doubt, which is the highest burden of proof in the U.S. justice system. (DeMatteo, August 2015) By contrast, when dealing with administrative contexts showing proof is very lower in sexual assaults. Victims of sexual assaults have multiple benefits when their cases are controlled administratively rather than it being controlled by the criminal justice system. A major benefit is that a lower burden of proof in an administrative context makes it very easy for a victim to establish that a sexual assault took place. An additional benefit is that an administrative resolution may authorize the victim to obtain suitable accommodations and services from the academic institution, as well as counseling and academic support. Although victims of campus sexual assaults collect some benefits when such incidents are conducted by the academic institution, the suspected perpetrators of campus sexual assaults frequently receive less routine due process protection when sexual assault allegations are processed in administrative contexts. (DeMatteo, August 2015) While 304 of the Violence Against Women Reauthorization Act of 2013 provides
I am suggesting that the prosecution of rapists and sexual assaulters should be handled by civilian courts instead of by the military’s own system, like it is currently being handled. This would allow for the attackers to be fairly judged and obtain a formal punishment that they deserve. It is no secret that the military has in the past made up rules as they go concerning rape. No formal punishment is given and most cases are not even considered for trial. This utter lack of concern for the rape and sexual assault victims will dissuade future soldiers from joining the army and the other branches of service. Soldiers will be more scared for their safety from their fellow soldiers than by being killed by the common enemy.
Sexual assault is one of the most serious and fastest growing crimes that face the world today. The National Victim Center reports that over seven hundred thousand women are raped or sexually assaulted annually. Sixty one percent of these rapes occur with women under the age of eighteen. Five percent of sexual assaults are inflicted upon males. Usually this statistic is not recognized and more often overlooked, because many people generalize that males are usually the abusers, and even if they weren’t, many males don’t even report their incidents.
For some, sexual harassment and assault seem almost like myths or bad dreams. For others, it's a living reality. The United States Department of Justice defines sexual assault as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” Sexual harassment and assault are demeaning, terrifying, and forceful behaviors. And yet, it’s happening every day. People hollering out car windows at pedestrians. Groups of teenagers terrifying